Divorce and divorce proceedings

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					Divorce and divorce proceedings
  There are two forms of divorce in China: 1, agreed to a divorce; 2,
of law.
"Marriage Law" states: "both parties to divorce, granted a divorce.
Both parties must apply for a divorce the marriage registration
office. Marriage registration office, the two sides are indeed willing
to identify children and property issues have been adequately
addressed, the hair a divorce certificate. "refers to the divorce.
"Marriage," the thirty-second article: "a party of men and women for
divorce, mediation by the relevant departments or directly to the
people's court to start divorce proceedings" refers to the divorce
proceedings.
Unilateral divorce proceedings is the couple filed for divorce, the
other party does not agree though both sides agreed to a divorce or a
divorce, but in the common property or the division of child support,
and education was no agreement on the issue of divorce litigants can
be submitted to the People's Court like divorce proceedings, after
accepting the people's courts generally take two ways: First, divorce
mediation, divorce parties is under the mediation of the court to the
division of property, agreement on such issues as child support,
divorce, and the people's court approval of its production Civil
divorce mediation, divorce laws as instruments of both parties.
Second, divorce refers to the people's court in the case of mediation
fails, the specific circumstances of the divorce case to the jointly
owned property such as a divorce and child support judgments.
   The divorce and divorce proceedings, the parties how to choose

First, the civil affairs departments easy divorce proceedings, the
parties may be the first consideration.
However, a prerequisite for divorce is that both sides agree to
divorce and custody of the children, division of property, debts and
other issues must take all agree, otherwise, the civil affairs
department shall not process the divorce procedures.
  According to the "Marriage Registration Ordinance" Article Mainland
residents voluntarily divorce, both parties should work together to
party location of permanent residence registration of marriage and
divorce registration authority. Article XI of mainland residents
divorce registration shall provide the following documents and
supporting materials:
(A) his booklet, identity cards;
(B) my marriage certificate;
(C) The parties signed the divorce agreement.
Divorce divorce shall set forth the meaning of the parties that
custody of children, property and debt management matters such as
consensus.
   Can be seen, the two sides agreed a divorce settlement is a
fundamental instrument rights and obligations of both sides of a right
to protection, these problems also have their complexity, if not
handled properly, will cause unnecessary disputes, or even life in the
future may cause significant effects, therefore, when the parties
signed the agreement of divorce when the divorce agreement, she should
be cautious, should arouse enough attention, must not act in haste,
should seek professional legal services, if necessary, the best
professional divorce lawyer, please check .



   Note that although the divorce agreement is different from the
general civil contract, but has been concluded as legally binding on
both parties. Supreme People's Court on the application of the "PRC
Marriage Law," Interpretation of Several Issues (b) clearly states:
"Article VIII of the divorce agreement, the terms of the division of
property or the parties to the division of property due to divorce,
the agreement is legally binding on both parties . the parties to
fulfill the above-mentioned property division agreement because of
disputes lawsuit, the people's court shall be accepted. Article IX
both parties agreed to a divorce within one year after the division of
property go back, modify or revoke the request for division of
property agreement, the people's court shall be accepted. People's
Court After hearing and found no agreement to make the division of
property fraud, coercion and other circumstances, it shall dismiss the
claims of the parties. "law is divorced from the procedural safeguards
agreement the parties have the right to go back on the agreement, but
unless a party to provide adequate evidence that was in by coercion,
fraud, material mistake entered into under such circumstances, under
normal circumstances the parties the court will not readily support
the revocation request.

   Therefore, the signing of the divorce agreement, should be very
careful, the best lawyer checks, such as not to miss the housing
subsidies, housing provident funds, pension insurance, intellectual
property, internal equity and other tangible and intangible property
permits the calculation of increased hide, transfer of property in the
future penalty provisions, a clear manner and payment of child support
time limit, a clear way of exercise of the right to visit and time,
financial assistance means payment of damages, etc., to avoid leaving
any sequelae.
   However, a drawback is that the divorce agreement, although the
two sides reached a divorce agreement, but if one party does not trust
and do not perform according to contract obligations in the agreement,
divorce agreement is not enforceable effect, the parties need to bring
a civil action to the court, agreement request the court to perform
the contents of each other.

  Second, the party seeking the divorce, the divorce court
proceedings can only choose

Separated from a spouse or, having agreed to adhere to divorce, child
support but no agreement is reached or the division of property, and
only through the courts of law. In addition, the couple divorce, the
parties may also go directly to court.
1, the prosecution must provide the material placed on file:
(1) civil complaint in duplicate
(2) A copy of marriage certificate
(3) the plaintiff a copy of ID card
(4) has purchased rental real estate license or certificate, a copy of
a personal motor vehicle driving permit
(5) an inventory of property, including property name, value,
quantity.
   (6) Other evidence

   2, the process of filing and hearing
Prosecution of the parties to submit materials, to pay legal fees.
People's Court, after receiving the complaint shall be accepted within
7 days of filing, and notify the parties and determine the period of
proof, the general procedure of proof shall not be less than 30, the
summary of the evidence period may be less than 30 days, and
accredited the bill of complaint within 5 days send a copy of the
defendant. Defendant within 15 days from the date of receipt of a
defense.
People's Court in the pleadings, within 5 days from the date of the
respondent send a copy of the plaintiff. The defendant is not a
defense does not affect the court hearing.
People's Court (in Beijing, for example, the Beijing district court is
generally 10 days from the date of filing -20 days) to determine the
date of the hearing, it shall notify the parties in 3 days before the
hearing.
Regular hearing. After the court shall conduct the mediation, the
mediation fails, according to decision.

  3 proceedings.
(1) If both parties agree to divorce, but also both the same
requirements apply to the court on summary divorce proceedings, the
court may then also be another judge presided over a relatively short
period of about mediation, both parties signed on the spot in divorce
mediation, court mediation After entry into force has the same effect
with the verdict, a party may not go back.
Case Study of Beijing, the Beijing district court procedures are
simple convenience, Fengtai District Court on Sunday launched a unique
holiday convenience the court to facilitate the parties to a divorce.

  (2), if one strongly disagrees with divorce or custody of the
children and the greater the division of property disputes, divorce
cases, the general application of summary procedure, trial periods as
from the date of filing the conclusion of 3 months;
More complex cases, the ordinary procedure, trial periods from the
filing date for the 6 months completed. There are special
circumstances necessary to extend the president of the court may
approve an extension of 6 months; also need an extension, reported to
the higher people's court for approval.

   (3), the appeal process (which is not every case a necessary
procedure, especially for a divorce case)
An appeal against a verdict, the verdict should be delivered within 15
days from the date of the next higher level People's Court.
The appeal shall be submitted. Trial court on the petition should be
made to submit a copy of the appeal while prepaid fee. Trial court of
receiving the appeal, shall, within 5 days of the appeal petition,
serve a copy of the other party, the other parties within 15 days from
the date of receipt of a defense, the people's court shall, after
receiving the defense within 5 days from the date a copy of the
appellant, they do not reply does not affect the court hearing. Trial
court of receiving the appeal, the respondent shall, within 5 days
together with the entire case file and evidence submitted to the
people's court of second instance.
The people's court of second instance cases on appeal, shall form a
collegial panel to conduct the trial. Full Court saw no need for a
trial, can also be ascertained, a judgment rulings.
People's Court of Appeal judgments should be the date of filing in the
second instance within 3 months of the conclusion. There are special
circumstances necessary to extend the president of the court for
approval.
The people's court of second instance decision, ruled that a final
decision, ruled that the parties can not appeal.

   (4) retrial procedure (the vast majority of divorce cases do not
involve)
If a party has a legally effective judgments or orders, within two
years, that there is wrong, can the trial court or on a people's court
for retrial, but do not stop the judgments and rulings of the
implementation. Does not require trial periods. If a party has a
legally effective decision on dissolution of marriage shall not apply
for a retrial.

  (5) six months after the re-prosecution.
According to the "PRC Civil Procedure Law," one hundred and tenth The
people court found this law one hundred and eighth Article
prosecution, must be accepted; on the following prosecution of cases,
respectively, to be addressed: (vii) decisions are not allowed to
divorce and mediation in a divorce case, ruling, conciliation cases of
adoptive relationship to maintain, no new cases, new ground, the
plaintiff in the suit again within six months shall not be accepted.

   If not leave the court for a trial, insisted the divorce of one of
the parties, a party only after the verdict again in six months after
the commencement of prosecution, the same to undergo the procedure.

    Civil Procedure, "who alleges evidence", evidence is crucial, the
evidence bearing on the success of the lawsuit, in some ways, a
lawsuit to that of evidence! Who burden of proof can not, will take on
the self-defeating and even the consequences of losing. Should be
carefully prepared in accordance with the evidence in court
proceedings, pretrial exchange of evidence, cross-examination in court
clever wit, each party is required to seriously, being wary of, the
litigation has been to achieve the best results
!

Bonds of friendship is priceless, legal ruthless, when love thing of
the past when the two best to choose more rational approach, friendly
break up, to avoid protracted v. tired; but when the inevitable
lawsuit, in whatever circumstances fully employ professional
solicitors prepared to collect evidence, and actively responding to,
develop the best litigation strategy has become the party choice!

  What choice divorce, or divorce proceedings, according to the
specific circumstances of the case itself and to be!

				
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